BANKRUPTCY IS YOUR RIGHT AND PROTECTED BY THE CONSITUTION
The office of Keegan & Company Attorneys has been in practice for over 30 years.
Bankruptcy is specifically set forth in the United States Constitution. The United States Constitution states “The Congress shall have Power to establish….uniform laws on the subject of bankruptcies through out the United States.” Bankruptcy is a constitutional right.
Our founders wanted to ensure that there would be a uniform system of bankruptcy so that one state would not put someone in debtor’s prison for a debt that was discharged in another state. James Madison, in Federalist Paper No. 42, wrote about how important uniform bankruptcy laws would be for the regulation of commerce in the United States. In this article the power to pass and regulate bankruptcy was mentioned in the same paragraph as the power to issue currency and regulate the use of foreign currency.
The United States Congress passed the first bankruptcy law in 1800. That law lasted until 1803. The next bankruptcy law was not passed until 1841, which also had a short life, lasting only until 1843. After the civil war, Congress passed a bankruptcy act with a little more longevity, lasting from 1867 to 1878. Congress finally passed a permanent bankruptcy law in 1898, which remained in place for the next eighty years. The current structure of bankruptcy laws was enacted in 1978. In 1984, 1986, 1994 and 2005, the bankruptcy act was revised, but the basic structure remained in effect. The 2005 act added the means test, limits on restructuring vehicle loans and a credit counseling requirement.
Bankruptcy can help you get a fresh financial start. It is designed to discharge all of your unsecured debts.
At our office we offer a free consultation with one of our attorneys to discuss your individual situation.
Call us at 513-752-3900 to schedule your free consultation. We offer 2 convenient locations: Eastgate & Middletown. Easy Parking. Fair Fees. Caring and Knowledgeable Attorneys.